Lewis v Nortex Pty Limited (in liq)

FEDERAL COURT OF AUSTRALIA

Lewis v Nortex Pty Limited (in liq) [2012] FCA 621

Citation:		Lewis v Nortex Pty Limited (in liq) [2012] FCA 621
Parties:		PETER LAWRENCE LEWIS v NORTEX PTY LIMITED (IN LIQUIDATION) and BRIAN RAYMOND SILVIA IN HIS CAPACITY AS LIQUIDATOR OF NORTEX PTY LIMITED (IN LIQUIDATION)
File number:		NSD 436 of 2012
Judge:		BUCHANAN J
Date of judgment:		15 June 2012
Catchwords:		BANKRUPTCY AND INSOLVENCY – application to set aside a bankruptcy notice –whether orders attached to a bankruptcy notice identified payments to be made on different accounts
Legislation:		Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1966 Corporations Act 2001 (Cth) Corporations Law Evidence Act 1995 (Cth)
Cases cited:		Kation Pty Ltd v Lamru Pty Ltd; Lewis v Nortex Pty Ltd (In Liq) (No 5) [2010] NSWCA 294 Lewis v Lamru Pty Ltd; In the matter of Lewis [2011] FCA 758
Date of hearing:	7 June 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	25
Counsel for the Applicant:	Mr J Johnson
Solicitor for the Applicant:	Toomey Pegg
Counsel for the First and Second Respondents:	Mr V R W Gray
Solicitor for the First and Second Respondents:	Somerset Ryckmans

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 436 of 2012

BETWEEN:

PETER LAWRENCE LEWIS
Applicant

AND:

NORTEX PTY LIMITED (IN LIQUIDATION)
First Respondent

BRIAN RAYMOND SILVIA IN HIS CAPACITY AS LIQUIDATOR OF NORTEX PTY LIMITED (IN LIQUIDATION)
Second Respondent

JUDGE:	BUCHANAN J
DATE OF ORDER:	15 JUNE 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 436 of 2012

IN THE MATTER OF PETER LAWRENCE LEWIS, A DEBTOR

BETWEEN:

PETER LAWRENCE LEWIS
Applicant

AND:

NORTEX PTY LIMITED (IN LIQUIDATION)
First Respondent

BRIAN RAYMOND SILVIA IN HIS CAPACITY AS LIQUIDATOR OF NORTEX PTY LIMITED (IN LIQUIDATION)
Second Respondent

JUDGE:	BUCHANAN J
DATE:	15 JUNE 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. These proceedings concern an application to set aside a bankruptcy notice which was served on the applicant on 28 February 2012. The bankruptcy notice named as creditors “NORTEX PTY LIMITED (IN LIQUIDATION) ACN 002 903 362 and BRIAN RAYMOND SILVIA in his capacity as liquidator of Nortex Pty Limited (in liquidation)”.

2. The bankruptcy notice claimed a debt of $1,938,695.68.  The sum claimed was based on a JUDGMENT/ORDER signed and sealed by a Registrar of the Supreme Court of New South Wales on 17 August 2010.  The amounts claimed as interest under the orders were calculated as shown in a “Schedule of Interest Calculations”. 

3. At all relevant times the applicant controlled a company called Kation Pty Limited (“Kation”).  Mr Russell Lamb controlled a company called Lamru Pty Limited (“Lamru”).  From about June 1991 Kation and Lamru held interests in a unit trust known as the Nortex Unit Trust in the proportions of 60% and 40% respectively.…